SLEE TRANSPORT LTD
V.
OLUWASEGUN & ANOR.

(1973) JELR 45933 (SC)    

Supreme Court  ·  SC.231/72 ·  28 Sep 1973 ·  Nigeria
 · 
Other Citations
(1973) All N.L.R 668 (1973) 9-10 S.C. 1
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
2nd defendant
learned trial judge
defendants
appeal
grounds
western state court of appeal
statement of claim
court of appeal
side
wrong side of the road
high court
own side of the road
3rd day of february
ife-ibadan road
inter alia
judgement of ayoola j.
material time
petrol tanker no. lm
property of the plaintiff
res ipsa loquitur
suit no. caw
trial
2nd defendant drove
additional evidence
agent of the 1st defendant
agent of the 1st defendant drove
case turns
commercial vehicle no. wax
court of first instance
decision of the western state court of appeal
divergent descriptions of the 3rd p. w.
duty of judge
evidence conflicts
findings of a court of first instance
following findings of fact
leading judgment
negligence of the 2nd defendant
own findings of facts
particulars of claim
peculiar circumstances of the case
plaintiff s claim
property of the 1st defendant
question of the 2nd appellant
result of the aforesaid collision
said petrol tanker
said vehicle no. wax
sets of evidence
such proper finding
view of the case
western state

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appeal in this case turns on three grounds; whether the Western State Court of Appeal could in the peculiar circumstances of the case substitute its own findings of facts on appeal from a court of first instance; (2) whether it is open to a court of appeal, without taking any fresh or additional evidence and without any new point being canvassed by either side, to decide an appeal on grounds other than those argued before it; and (3) whether it is open to a court of appeal to question the findings of a court of first instance on the grounds that it did not set out "how" and "why" it came to certain conclusions.

The judgement on appeal before this court arose from the decision of the Western State Court of Appeal in Suit No. CAW/80/70 dated 11th march, 1971 by which it set aside the judgement of Ayoola J. in Suit No. 1/127/68 delivered in the High Court holden at Ibadan in the Western State.

The writ of summons and the par…

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